NAGORAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Perused. Rule. Rule made returnable forthwith. Taken up for hearing by mutual consent of parties. The petitioner, complainant in F.I.R. No. 72/2009 dated 11.7.2009, registered with Biloli Police Station, under Sections 447, 323, 504, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(v) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7(1)(d) of the Protection of Civil Rights Act, 1955, has moved this petition for quashing the orders dated 20.8.2009 below Exhibit 30 and dated 7.7.2010 below Exhibit 35 passed by learned Judicial Magistrate, First Class, Biloli in R.C.C. No. 84/2009 concerning framing of charges, and for direction to the learned Judicial Magistrate, First Class for committal of the case to the learned Sessions Court, Biloli.

(2.) The complaint dated 11.7.2009, which had prompted the registration of the crime, reveals allegations that the respondent Nos. 2 to 4 had assaulted and hurled abuses in relation to the caste of the complainant around 12.00 noon on 9.7.2009 in the open agricultural field Gat No. 212, situated at Kesarali Shivar belonging to the complainant and had further administered mortal threats to him. On completion of the investigation, the charge sheet - Charge Sheet No. 60/2009 under Sections 447, 323, 504, 506 read with Section 34 of the Indian Penal Code and Section 3(1) (v) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7(1)(d) of the Protection of Civil Rights Act, 1955 was lodged in the learned Judicial Magistrate, First Class, Biloli's Court on 5.8.2009.

(3.) It appears that, the accused/ respondent Nos. 2 to 4 herein filed true copies of school leaving certificates (Exhibits 27 to 29), showing their caste as "Lingdare" - a caste listed as Sr. No. 34 in the Presidential Order passed under Article 34(1) of the Constitution of India as a scheduled Caste, and the learned Judicial Magistrate, First Class, on considering the said certificates passed order dated 20.8.2009, thereby holding that the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were not attracted to the case in hand and as such, there was no offence which was triable exclusively by the Sessions Court/Special Court. Learned Judicial Magistrate, First Class, Biloli thereafter proceeded to frame charge under Sections 447, 323, 504, 506 read with Section 34 of the Indian Penal Code read with Section 7(1)(d) of the Protection of Civil Rights Act, 1955 on the same day.